By: Johnson (Senate Sponsor - Whitmire) H.B. No. 1036
(In the Senate - Received from the House May 7, 2015;
May 11, 2015, read first time and referred to Committee on Criminal
Justice; May 21, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 21, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1036 By: Whitmire
COMMITTEE VOTE
YeaNayAbsentPNV
WhitmireX
HuffmanX
BurtonX
CreightonX
HinojosaX
MenéndezX
PerryX
A BILL TO BE ENTITLED
AN ACT
relating to reporting requirements for certain injuries or deaths
caused by peace officers and for certain injuries or deaths of peace
officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Articles 2.139 and 2.1395 to read as follows:
Art. 2.139. REPORTS REQUIRED FOR OFFICER-INVOLVED INJURIES
OR DEATHS. (a) In this article:
(1) "Deadly weapon" means:
(A) a firearm or any object manifestly designed,
made, or adapted for the purpose of inflicting death or serious
bodily injury; or
(B) any object that in the manner of its use or
intended use is capable of causing death or serious bodily injury.
(2) "Officer-involved injury or death" means an
incident during which a peace officer discharges a firearm causing
injury or death to another.
(b) The office of the attorney general by rule shall create
a written and electronic form for the reporting by law enforcement
agencies of an officer-involved injury or death. The form must
include spaces to report only the following information:
(1) the date on which the incident occurred;
(2) the location where the incident occurred;
(3) the age, gender, and race or ethnicity of each
peace officer involved in the incident;
(4) if known, the age, gender, and race or ethnicity of
each injured or deceased person involved in the incident;
(5) whether the person was injured or died as a result
of the incident;
(6) whether each injured or deceased person used,
exhibited, or was carrying a deadly weapon during the incident;
(7) whether each peace officer involved in the
incident was on duty during the incident;
(8) whether each peace officer involved in the
incident was responding to an emergency call or a request for
assistance and, if so, whether the officer responded to that call or
request with one or more other peace officers; and
(9) whether the incident occurred during or as a
result of:
(A) the execution of a warrant; or
(B) a hostage, barricade, or other emergency
situation.
(c) Not later than the 30th day after the date of an
officer-involved injury or death, the law enforcement agency
employing an officer involved in the incident must complete and
submit a written or electronic report, using the form created under
Subsection (b), to the office of the attorney general and, if the
agency maintains an Internet website, post a copy of the report on
the agency's website. The report must include all information
described in Subsection (b).
(d) Not later than the fifth day after the date of receipt of
a report submitted under Subsection (c), the office of the attorney
general shall post a copy of the report on the office's Internet
website.
(e) Not later than February 1 of each year, the office of the
attorney general shall submit a report regarding all
officer-involved injuries or deaths that occurred during the
preceding year to the governor and the standing legislative
committees with primary jurisdiction over criminal justice
matters. The report must include:
(1) the total number of officer-involved injuries or
deaths;
(2) a summary of the reports submitted to the office
under this article; and
(3) a copy of each report submitted to the office under
this article.
Art. 2.1395. REPORTS REQUIRED FOR CERTAIN INJURIES OR
DEATHS OF PEACE OFFICERS. (a) The office of the attorney general
by rule shall create a written and electronic form for the reporting
by law enforcement agencies of incidents in which, while a peace
officer is performing an official duty, a person who is not a peace
officer discharges a firearm and causes injury or death to the
officer. The form must include spaces to report only the following
information:
(1) the date on which the incident occurred;
(2) the location where the incident occurred;
(3) the age, gender, and race or ethnicity of each
injured or deceased peace officer involved in the incident;
(4) if known, the age, gender, and race or ethnicity of
each person who discharged a firearm and caused injury or death to a
peace officer involved in the incident; and
(5) whether the officer or any other person was
injured or died as a result of the incident.
(b) Not later than the 30th day after the date of the
occurrence of an incident described by Subsection (a), the law
enforcement agency employing the injured or deceased officer at the
time of the incident must complete and submit a written or
electronic report, using the form created under that subsection, to
the office of the attorney general and, if the agency maintains an
Internet website, post a copy of the report on the agency's website.
The report must include all information described in Subsection
(a).
(c) Not later than February 1 of each year, the office of the
attorney general shall submit a report regarding all incidents
described by Subsection (a) that occurred during the preceding year
to the governor and the standing legislative committees with
primary jurisdiction over criminal justice matters. The report must
include:
(1) the total number of incidents that occurred;
(2) a summary of the reports submitted to the office
under this article; and
(3) a copy of each report submitted to the office under
this article.
SECTION 2. Not later than October 1, 2015, the office of the
attorney general shall create the reporting forms required under
Articles 2.139 and 2.1395, Code of Criminal Procedure, as added by
this Act.
SECTION 3. This Act takes effect September 1, 2015.
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